Madras High CourtCMA/2558/2023settled before the lokadalats

The Divisional Manager v. Nirmala

2024-12-14Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Members :

Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) (Appeal against the judgment and decree passed on 23.09.2022 made in M.C.O.P.No.757 of 2017 on the file of the Motor Accidents Claims Tribunal, (Principal Sub-Judge, Cuddalore).

The Divisional Manager National Insurance Company Limited No.110, J.N.Street Puducherry 605 001.

... Appellant

Versus

1.Nirmala 2.Srinivasan ....Respondents 1/4

This case came up for settlement before the National Lok Adalat. Both the parties are present. M/s.N.B.Sureka, the learned Counsel for the Appellant and M/s.Ramya V.Rao, the learned Counsel for the first respondent. The second respondent was set exparte before the Tribunal. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT Both sides learned counsel are present.

2. Today this matter has been listed under the caption "for being mentioned".

3. It is submitted that the liberty to recover from the owner of the vehicle was not recorded in the original settlement dated 14.12.2024, due to oversight. Since the same does not affect any rights of the parties, both sides learned counsel alone signing the addendum. The following lines shall be added after the Paragraph No.5 of the original terms of the settlement dated 14.12.2024, "6. The appellant/Insurance Company will be entitled to pay the same and thereafter recover from the owner of the vehicle/second respondent".

4. The Registry is directed to carry out the necessary correction 2/4

and issue a fresh order copy.

..Counsel for the Appellant ..Counsel for the first Respondent This National Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member 3/4

D.Bharatha Chakravarthy, J.

jer/dna To: The parties/Advocate concerned Copy to:

1. The Motor Accident Claims Tribunal, (Principal Sub-Judge, Cuddalore).

2. The Secretary, High Court Legal Services Committee, Chennai.

3. The Section Officer, V.R. Section, High Court, Madras.

4. The Section Officer, Lok Adalat Section, High Court Madras. +7 copies jer/dna 08.03.2025 4/4